Louisiana Archives

Category: Louisiana

January 25, 2024 • Louisiana, Motion to Prevent Government Contractor Defense

Plaintiff’s Motion for Partial Summary Judgment to Prevent Government Contractor Defense Granted

Court: United States District Court for the Eastern District of Louisiana In the case of Matherne v. Huntington Ingalls Inc., plaintiffs moved for partial summary judgment regarding the Avondale Interests’ government contractor defense. Plaintiff decedent Roseanna Matherne was diagnosed with mesothelioma, which she alleged resulted from secondhand exposure to asbestos via her husband’s work clothes that … Continued

Business and lawyers discussing contract papers with brass scale on desk

October 4, 2023 • Louisiana, Summary Judgment

Summary Judgment Denied as to Cloth and Boiler Manufacturers in Robichaux Mesothelioma Matter

Court: United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana, reported most recently here, before the court were two motions for summary judgment: one filed by defendant Uniroyal Holdings Incorporated and another … Continued

September 27, 2023 • Louisiana, Motions in Limine

Shipyard Defendant Receives Split Rulings on Motions in Robichaux Mesothelioma Matter

Court: United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux mesothelioma matter pending in the United States District Court for the Eastern District of Louisiana — reported most recently here — before the court were two motions in limine, one filed by plaintiff and one by defendant, … Continued

September 26, 2023 • Louisiana, Motions in Limine, Summary Judgment

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

United States District Court for the Eastern District of Louisiana In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of defendants alleging he was exposed to asbestos from products he worked with as an insulator and carpenter at Avondale Shipyard … Continued

July 28, 2023 • Louisiana, Summary Judgment

Shipyard Defendant Obtains Summary Judgment Due to Prior Release

Court: United States District Court for the Eastern District of Louisiana In this asbestos action, Felton Robichaux worked as an insulator and carpenter at Avondale Shipyard from 1961 to 1979, and alleges he was exposed to asbestos through his work, as well as through his contact with other employees at Avondale Shipyard. In 1991, Robichaux and … Continued

May 5, 2023 • Appeal, Louisiana

Jury Award of $36 Million Affirmed against Contractor

Court: Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit & Sons, Co. (“Level 3”) from 1967 until 1970. During this time, he worked at the Union Carbide Plant, Waterford I, and … Continued

May 4, 2023 • Louisiana, Summary Judgment

Court Denies, in Part, Plaintiffs’ Appeal of Summary Judgment for Various Defendants

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling. After extensive workup, Everett received a diagnosis of mesothelioma. She attributed the diagnosis to laundering her husband’s work clothes over a 20-year period when he worked as a journeyman welder and boilermaker. She filed a … Continued

April 13, 2023 • Evidence, Louisiana

Defendant’s motion to quash plaintiff’s requests for admission of fact in maritime case granted

Court: United States District Court for the Eastern District of Louisiana In January 2019, Harry F. Marsh filed an action in Louisiana State Court alleging asbestos exposure while aboard various merchant marine vessels. He alleged Lykes owned and/or operated a number of such vessels. He further alleged Lykes’ insurer, Continental Insurance Company, was liable for the former’s … Continued

April 11, 2023 • Louisiana, Stay of Action

Stay of Action against Insurer under First-to-File Rule

Court: U.S. District Court, Eastern District of Louisiana. Plaintiff filed an action alleging take-home exposure from asbestos fibers while living with her grandfather, who was a welder for 40 years at Avondale Shipyards. The plaintiff was diagnosed with lung cancer, which she alleged resulted from asbestos exposure from asbestos fibers brought home on her grandfather’s … Continued

March 23, 2023 • Louisiana, Summary Judgment

Shipyard Defendant Granted Partial Summary Judgment on Plaintiff’s Non-Employee Exposure Claims

United States District Court for the Eastern District of Louisiana From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then worked at Avondale for a second stint in the late 1980s as a Pauline Management (JP & Sons) employee. The … Continued